Simone Lawson
The abuse of power is a pervasive issue that undermines the very foundation of democracy. It occurs when individuals or institutions exploit their positions of authority to violate the rights of citizens, disrupt the balance of power between government branches, or prioritise their interests above those of the people they serve. This phenomenon is not new, but modern technological and social advancements have created an environment where such abuses are more prevalent and insidious. The US Constitution, with its amendments and checks and balances, stands as a bulwark against these abuses, aiming to hold leaders accountable and protect the freedoms and rights it guarantees.
| Characteristics | Values |
|---|---|
| Misuse of a position of power | Taking unjust advantage of individuals, organizations, or governments |
| Violation of constitutional oath | Failing to faithfully execute the office of President of the United States and defend the Constitution |
| Impairment of justice | Interfering in the administration of justice for personal gain or to target political opponents |
| Politicization of agencies | Using official powers to place oneself above the law or target specific groups |
| Removal of checks and balances | Disrupting the balance of power between branches of government |
| Prior restraint | Limiting free speech and an informed public |
| Human rights violations | Punishing human rights advocates and undermining the rule of law |
| Regression | Chipping away at legal and political checks, allowing power to be consolidated |
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What You'll Learn
Interfering with the administration of justice
The US Constitution and its amendments aim to protect democracy from the threats of abuse of power, prioritising one group above another, or disrupting the balance of power between branches of government. The Justice Department's role is to uphold the rule of law and act independently from politics.
Abuse of power can also occur on an international level, such as through the invasion of foreign states or embassies, murder or kidnapping in foreign countries, interference in the internal affairs of other states, or the exportation of dangerous substances or activities.
To prevent and address abuse of power, countries can implement various measures, such as reevaluating and revising rules of conduct, imposing strict penalties for offenders, and introducing organisational procedures and codes of ethics. Additionally, training programs can be established to develop the skills needed to investigate and prosecute abuses of power.
In the context of criminal justice, "victims" of abuse of power are defined as those who have suffered harm, including physical or mental injury, emotional suffering, economic loss, or substantial impairment of their fundamental rights, through acts or omissions that violate criminal laws or internationally recognised human rights norms. States are encouraged to review and enact legislation that proscribes serious abuses of political or economic power and to develop remedies for victims.
Key Constitutional Elements: Our Founding Freedoms and Rights
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Politicising agencies
The US Constitution and its amendments are designed to protect democracy from threats that abuse power, prioritizing one group over another, or disrupting the balance of power between branches of government. The Justice Department's role is to uphold the rule of law, independently from politics. However, there have been instances where US presidents have been accused of abusing their power, such as Richard Nixon during the Watergate scandal, where he directed the department to investigate his political enemies.
One example of politicising agencies as a constitutional abuse of power can be seen in the actions of President Trump. Trump has been accused of politicising the agencies that would investigate him and his associates, attempting to place himself above the law, and smashing the guardrails established after Watergate to prevent presidential abuse of power. This has led to calls for Congress to enact reforms to restore the Constitution's system of checks and balances, limiting executive power, increasing transparency, and creating enforcement mechanisms.
Another example of politicising agencies can be found in the case of Federal Judge James H. Peck, who was impeached by the US House of Representatives in 1830 on a charge of abuse of power. Peck jailed a man for contempt of court after the man publicly criticised him, which was deemed an unjust use of power to target an individual.
In recent years, there have been concerns about the increasing reliance on civil society to carry out work traditionally undertaken by the government, with human rights advocacy being prosecuted and chilled by regressive governments. This removal of checks and balances can lead to a higher likelihood of abuse of power, as seen in countries like Venezuela and the Philippines, where representative governments have crumbled.
To prevent politicising agencies and other forms of constitutional abuse of power, it is essential to have checks and balances in place, such as those outlined in the US Constitution, and for these to be upheld by an independent Justice Department. Additionally, as per the Take Care Clause in the Constitution, the president is required to act in good faith and take an oath to "faithfully execute the Office of President", serving in the public interest rather than for their self-interest.
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Targeting political opponents
The US Constitution and its amendments are documents that seek to protect democracy from threats that abuse power, prioritise one group above another, or disrupt the balance of power between branches of government. The Justice Department's role is to uphold the rule of law and act independently from politics. The right of citizens to vote for their representatives and change their government is a defining feature of democracy.
Abuse of power can be defined as the misuse of a position of power to take unjust advantage of individuals, organisations, or governments. This can take many forms, including white-collar crime, economic crime, and public corruption. The common element of these crimes is deceit.
Another example is the case of President Donald Trump, who has been accused of trying to put himself above the law and politicise the agencies that investigate him and his associates. This has undermined the checks and balances established after Watergate to prevent presidential abuse of power.
To address these issues, Congress should enact reforms to restore the Constitution's system of checks and balances, affirm and codify limitations on executive power, and increase transparency. These efforts are crucial for upholding the rule of law and ensuring that abuses of power do not go unpunished.
The Constitution: Guarding Against Tyranny
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Failing to uphold the rule of law
The US Constitution and its amendments seek to protect democracy from threats that abuse power, prioritise one group above another, or disrupt the balance of power between branches of government. The Justice Department's role is to uphold the rule of law. However, the US has fallen short of this ideal on multiple occasions.
In a healthy democracy, checks on abuses of power are found within the rule of law. In countries with an unstable rule of law, those in power can strengthen their position and further abuse their power. The British Parliament invented impeachment in 1376 as a legislative check against royal abuses of power. The drafters of the US Constitution were clear that when the Constitution no longer served the people, they should be able to change it.
The investigation into the Watergate scandal in the early 1970s revealed blatant abuses of the Justice Department by President Richard Nixon, who directed the department to investigate his political enemies. Nixon also repeatedly engaged in conduct violating the constitutional rights of citizens, impairing the due and proper administration of justice. This is an example of a president or political leader directing the Justice Department to target their political enemies, which is a clear breach of the rule of law and an attempt to weaponise the department for political gain.
In recent history, representative governments have crumbled, as legal and political checks on leaders were slowly removed. The US government has also been acting outside the constraints of the rule of law, with legislators writing and enforcing their own governing rules. Punishing people who fight for human rights is one of the most insidious and pervasive tools utilised by regressive governments to undermine the rule of law.
In conclusion, failing to uphold the rule of law is a form of constitutional abuse of power, as it enables those in power to strengthen their position and further abuse their authority without consequences.
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Removing checks on the executive branch
The US Constitution divides the government into three branches: the legislative, executive, and judicial. The purpose of this separation of powers is to ensure that no single branch controls too much power. Each branch has specific powers and serves as a check on the others. For instance, the legislative branch can override the President's veto of a law with enough votes. Similarly, the judicial branch can declare executive orders and laws unconstitutional.
However, the removal of checks on the executive branch can lead to a constitutional abuse of power. This occurs when the balance of power between the three branches of government is disrupted. For example, during his presidency, Donald Trump was accused of bypassing the Senate's role in providing advice and consent on executive branch appointments by relying on an unprecedented number of acting officials. He also co-opted Congress's power to control the appropriation of funds by reallocating money for new purposes or abusing emergency rules. These actions weakened Congress, making it less able to conduct rigorous oversight and constrain the executive branch.
Another example of removing checks on the executive branch is when executive power is used to target political enemies. During the Watergate scandal in the early 1970s, President Richard Nixon directed the Justice Department to investigate his political opponents, abusing his power and disrupting the balance between the branches.
To prevent and address these abuses of power, it is crucial to have independent oversight and accountability mechanisms. Congressional oversight hearings are meant to highlight executive branch abuses, but they have become less effective due to structural issues and a lack of adaptation to the changing landscape. To restore checks and balances, Congress must strengthen its rules, structures, resources, and powers to effectively assert its prerogatives and prevent unchecked executive overreach.
Additionally, a presidential administration dedicated to accountability can play a significant role in rebuilding public trust and curbing abuses of power. For instance, on his first day in office, President Biden issued an executive order requiring an enforceable ethics pledge from all executive branch appointees. He also took steps to protect inspectors general from political pressure and disclosed his tax returns, demonstrating a commitment to transparency and addressing gaps left by previous administrations.
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Frequently asked questions
The abuse of power is the misuse of a position of power to unjustly take advantage of individuals, organisations, or governments.
The US Constitution and its amendments are designed to protect democracy from threats that abuse power, prioritise one group above another, or disrupt the balance of power between branches of government. The Justice Department acts independently from politics to uphold the rule of law and protect against abuse of power.
President Richard Nixon directed the Justice Department to investigate his political enemies. Federal Judge James H. Peck jailed a man for contempt of court after the man had publicly criticised him. President Trump tried to politicise agencies that would investigate him and his associates.
Abuse of power can lead to impeachment. Federal Judge James H. Peck was impeached by the US House of Representatives in 1830, and President Richard Nixon resigned from office after the House Judiciary Committee voted to approve articles of impeachment.
